Department of Defense and Tri-Care Ordered to Provide Applied Behavioral Therapy to Autistic Children of Military Dependents

WASHINGTON, July 26, 2012 /PRNewswire-USNewswire/ -- Washington D.C. Federal District Judge Reggie Walton today ruled that the Department of Defense and its military insurance arm, Tri-Care acted arbitrarily and capriciously in denying applied behavior analysis therapy to military dependents with autism spectrum disorder. The ruling was issued in the case of Berge v United States, No. 10-0373.

This ruling capped the military families' three year battle with the Department of Defense and TriCare. The Court granted Summary Judgment to the families, ordering that the government cover ABA therapy for thousands of autistic children of military dependents. The government had taken the position that the therapy was "unproven." Judge Reggie Walton held that this conclusion was arbitrary and capricious and ordered the government to provide the therapy immediately. The 67 page ruling is expected to benefit 20,000 children with autism spectrum disorder.